Where fresh evidence on appeal establishes that a child offender was younger than found by the sentencing judge, the Court of Criminal Appeal will apply the test of whether there is a significant possibility of a different outcome. Even a two-year difference in age (14 vs 16) may not warrant interference where the offences are of sufficient gravity and number, the offender has an extensive prior record, and was on conditional liberty. Shaw J's dissent provides a comprehensive analysis of the multiple ways in which age affects the sentencing discretion for child offenders.
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